Bill Text: IN HB1409 | 2011 | Regular Session | Introduced
Bill Title: Community corrections police officers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-18 - First reading: referred to Committee on Veterans Affairs and Public Safety [HB1409 Detail]
Download: Indiana-2011-HB1409-Introduced.html
Citations Affected: IC 5-2-1; IC 11-12-11; IC 35-41-1-17.
Synopsis: Community corrections police officers. Authorizes a
community corrections advisory board to appoint certain individuals as
community corrections police officers. Requires a community
corrections police officer to complete a pre-basic training course
approved by the law enforcement training board and the appointing
community corrections advisory board. Grants community corrections
police officers police powers, but only: (1) in connection with offenses
committed on the property of the community corrections program; (2)
in connection with an offense involving a person participating in the
community corrections program; (3) in connection with an offense
committed in the presence of an officer; or (4) while assisting another
law enforcement officer who has requested the assistance of the
community corrections police officer.
Effective: July 1, 2011.
January 18, 2011, read first time and referred to Committee on Veterans Affairs and Public
Safety.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
(1) "Law enforcement officer" means an appointed officer or employee hired by and on the payroll of the state, any of the state's political subdivisions, or a public or private postsecondary educational institution whose board of trustees has established a police department under IC 21-17-5-2 or IC 21-39-4-2 who is granted lawful authority to enforce all or some of the penal laws of the state of Indiana and who possesses, with respect to those laws, the power to effect arrests for offenses committed in the officer's or employee's presence. However, the following are expressly excluded from the term "law enforcement officer" for the purposes of this chapter:
(A) A constable.
(B) A special officer whose powers and duties are described in IC 36-8-3-7 or a special deputy whose powers and duties are described in IC 36-8-10-10.6.
(C) A county police reserve officer who receives compensation for lake patrol duties under IC 36-8-3-20(f)(4).
(D) A conservation reserve officer who receives compensation for lake patrol duties under IC 14-9-8-27.
(E) An employee of the gaming commission whose powers and duties are described in IC 4-32.2-9.
(F) A correctional police officer described in IC 11-8-9.
(G) A community corrections police officer described in IC 11-12-11.
(2) "Board" means the law enforcement training board created by this chapter.
(3) "Advisory council" means the law enforcement advisory council created by this chapter.
(4) "Executive training program" means the police chief executive training program developed by the board under section 9 of this chapter.
(5) "Law enforcement training council" means one (1) of the confederations of law enforcement agencies recognized by the board and organized for the sole purpose of sharing training, instructors, and related resources.
(6) "Training regarding the lawful use of force" includes classroom and skills training in the proper application of hand to hand defensive tactics, use of firearms, and other methods of:
(A) overcoming unlawful resistance; or
(B) countering other action that threatens the safety of the public or a law enforcement officer.
(7) "Hiring or appointing authority" means:
(A) the chief executive officer, board, or other entity of a police department or agency with authority to appoint and hire law enforcement officers; or
(B) the governor, mayor, board, or other entity with the authority to appoint a chief executive officer of a police department or agency.
of the following:
(1) Minimum standards of physical, educational, mental, and
moral fitness which shall govern the acceptance of any person for
training by any law enforcement training school or academy
meeting or exceeding the minimum standards established
pursuant to this chapter.
(2) Minimum standards for law enforcement training schools
administered by towns, cities, counties, law enforcement training
centers, agencies, or departments of the state.
(3) Minimum standards for courses of study, attendance
requirements, equipment, and facilities for approved town, city,
county, and state law enforcement officer, police reserve officer,
and conservation reserve officer training schools.
(4) Minimum standards for a course of study on cultural diversity
awareness that must be required for each person accepted for
training at a law enforcement training school or academy.
(5) Minimum qualifications for instructors at approved law
enforcement training schools.
(6) Minimum basic training requirements which law enforcement
officers appointed to probationary terms shall complete before
being eligible for continued or permanent employment.
(7) Minimum basic training requirements which law enforcement
officers appointed on other than a permanent basis shall complete
in order to be eligible for continued employment or permanent
appointment.
(8) Minimum basic training requirements which law enforcement
officers appointed on a permanent basis shall complete in order
to be eligible for continued employment.
(9) Minimum basic training requirements for each person
accepted for training at a law enforcement training school or
academy that include six (6) hours of training in interacting with:
(A) persons with autism, mental illness, addictive disorders,
mental retardation, and developmental disabilities; and
(B) missing endangered adults (as defined in IC 12-7-2-131.3);
to be provided by persons approved by the secretary of family and
social services and the board.
(10) Minimum standards for a course of study on human and
sexual trafficking that must be required for each person accepted
for training at a law enforcement training school or academy and
for inservice training programs for law enforcement officers. The
course must cover the following topics:
(A) Examination of the human and sexual trafficking laws
(IC 35-42-3.5).
(B) Identification of human and sexual trafficking.
(C) Communicating with traumatized persons.
(D) Therapeutically appropriate investigative techniques.
(E) Collaboration with federal law enforcement officials.
(F) Rights of and protections afforded to victims.
(G) Providing documentation that satisfies the Declaration of
Law Enforcement Officer for Victim of Trafficking in Persons
(Form I-914, Supplement B) requirements established under
federal law.
(H) The availability of community resources to assist human
and sexual trafficking victims.
(b) A law enforcement officer appointed after July 5, 1972, and
before July 1, 1993, may not enforce the laws or ordinances of the state
or any political subdivision unless the officer has, within one (1) year
from the date of appointment, successfully completed the minimum
basic training requirements established under this chapter by the board.
If a person fails to successfully complete the basic training
requirements within one (1) year from the date of employment, the
officer may not perform any of the duties of a law enforcement officer
involving control or direction of members of the public or exercising
the power of arrest until the officer has successfully completed the
training requirements. This subsection does not apply to any law
enforcement officer appointed before July 6, 1972, or after June 30,
1993.
(c) Military leave or other authorized leave of absence from law
enforcement duty during the first year of employment after July 6,
1972, shall toll the running of the first year, which shall be calculated
by the aggregate of the time before and after the leave, for the purposes
of this chapter.
(d) Except as provided in subsections (e), (l), (r), and (s), a law
enforcement officer appointed to a law enforcement department or
agency after June 30, 1993, may not:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property; or
(3) carry a firearm;
unless the law enforcement officer successfully completes, at a board
certified law enforcement academy or at a law enforcement training
center under section 10.5 or 15.2 of this chapter, the basic training
requirements established by the board under this chapter.
(e) This subsection does not apply to:
(1) a gaming agent employed as a law enforcement officer by the
Indiana gaming commission; or
(2) an:
(A) attorney; or
(B) investigator;
designated by the securities commissioner as a police officer of
the state under IC 23-19-6-1(i).
Before a law enforcement officer appointed after June 30, 1993,
completes the basic training requirements, the law enforcement officer
may exercise the police powers described in subsection (d) if the
officer successfully completes the pre-basic course established in
subsection (f). Successful completion of the pre-basic course authorizes
a law enforcement officer to exercise the police powers described in
subsection (d) for one (1) year after the date the law enforcement
officer is appointed.
(f) The board shall adopt rules under IC 4-22-2 to establish a
pre-basic course for the purpose of training:
(1) law enforcement officers;
(2) police reserve officers (as described in IC 36-8-3-20); and
(3) conservation reserve officers (as described in IC 14-9-8-27);
regarding the subjects of arrest, search and seizure, the lawful use of
force, interacting with individuals with autism, and the operation of an
emergency vehicle. The pre-basic course must be offered on a periodic
basis throughout the year at regional sites statewide. The pre-basic
course must consist of at least forty (40) hours of course work. The
board may prepare the classroom part of the pre-basic course using
available technology in conjunction with live instruction. The board
shall provide the course material, the instructors, and the facilities at
the regional sites throughout the state that are used for the pre-basic
course. In addition, the board may certify pre-basic courses that may be
conducted by other public or private training entities, including
postsecondary educational institutions.
(g) The board shall adopt rules under IC 4-22-2 to establish a
mandatory inservice training program for police officers. After June 30,
1993, a law enforcement officer who has satisfactorily completed basic
training and has been appointed to a law enforcement department or
agency on either a full-time or part-time basis is not eligible for
continued employment unless the officer satisfactorily completes the
mandatory inservice training requirements established by rules adopted
by the board. Inservice training must include training in interacting
with persons with mental illness, addictive disorders, mental
retardation, autism, and developmental disabilities, to be provided by
persons approved by the secretary of family and social services and the
board, and training concerning human and sexual trafficking. The
board may approve courses offered by other public or private training
entities, including postsecondary educational institutions, as necessary
in order to ensure the availability of an adequate number of inservice
training programs. The board may waive an officer's inservice training
requirements if the board determines that the officer's reason for
lacking the required amount of inservice training hours is due to either
of the following:
(1) An emergency situation.
(2) The unavailability of courses.
(h) The board shall also adopt rules establishing a town marshal
basic training program, subject to the following:
(1) The program must require fewer hours of instruction and class
attendance and fewer courses of study than are required for the
mandated basic training program.
(2) Certain parts of the course materials may be studied by a
candidate at the candidate's home in order to fulfill requirements
of the program.
(3) Law enforcement officers successfully completing the
requirements of the program are eligible for appointment only in
towns employing the town marshal system (IC 36-5-7) and having
not more than one (1) marshal and two (2) deputies.
(4) The limitation imposed by subdivision (3) does not apply to an
officer who has successfully completed the mandated basic
training program.
(5) The time limitations imposed by subsections (b) and (c) for
completing the training are also applicable to the town marshal
basic training program.
(6) The program must require training in interacting with
individuals with autism.
(i) The board shall adopt rules under IC 4-22-2 to establish an
executive training program. The executive training program must
include training in the following areas:
(1) Liability.
(2) Media relations.
(3) Accounting and administration.
(4) Discipline.
(5) Department policy making.
(6) Lawful use of force.
(7) Department programs.
(8) Emergency vehicle operation.
(9) Cultural diversity.
(j) A police chief shall apply for admission to the executive training program within two (2) months of the date the police chief initially takes office. A police chief must successfully complete the executive training program within six (6) months of the date the police chief initially takes office. However, if space in the executive training program is not available at a time that will allow completion of the executive training program within six (6) months of the date the police chief initially takes office, the police chief must successfully complete the next available executive training program that is offered after the police chief initially takes office.
(k) A police chief who fails to comply with subsection (j) may not continue to serve as the police chief until completion of the executive training program. For the purposes of this subsection and subsection (j), "police chief" refers to:
(1) the police chief of any city;
(2) the police chief of any town having a metropolitan police department; and
(3) the chief of a consolidated law enforcement department established under IC 36-3-1-5.1.
A town marshal is not considered to be a police chief for these purposes, but a town marshal may enroll in the executive training program.
(l) A fire investigator in the division of fire and building safety appointed after December 31, 1993, is required to comply with the basic training standards established under this chapter.
(m) The board shall adopt rules under IC 4-22-2 to establish a program to certify handgun safety courses, including courses offered in the private sector, that meet standards approved by the board for training probation officers in handgun safety as required by IC 11-13-1-3.5(3).
(n) The board shall adopt rules under IC 4-22-2 to establish a refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or agency as a law enforcement officer;
(2) has not been employed as a law enforcement officer for at least two (2) years and less than six (6) years before the officer is hired under subdivision (1) due to the officer's resignation or retirement; and
(3) completed at any time a basic training course certified by the board before the officer is hired under subdivision (1).
(o) The board shall adopt rules under IC 4-22-2 to establish a refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or agency as a law enforcement officer;
(2) has not been employed as a law enforcement officer for at least six (6) years and less than ten (10) years before the officer is hired under subdivision (1) due to the officer's resignation or retirement;
(3) is hired under subdivision (1) in an upper level policymaking position; and
(4) completed at any time a basic training course certified by the board before the officer is hired under subdivision (1).
A refresher course established under this subsection may not exceed one hundred twenty (120) hours of course work. All credit hours received for successfully completing the police chief executive training program under subsection (i) shall be applied toward the refresher course credit hour requirements.
(p) Subject to subsection (q), an officer to whom subsection (n) or (o) applies must successfully complete the refresher course described in subsection (n) or (o) not later than six (6) months after the officer's date of hire, or the officer loses the officer's powers of:
(1) arrest;
(2) search; and
(3) seizure.
(q) A law enforcement officer who has worked as a law enforcement officer for less than twenty-five (25) years before being hired under subsection (n)(1) or (o)(1) is not eligible to attend the refresher course described in subsection (n) or (o) and must repeat the full basic training course to regain law enforcement powers. However, a law enforcement officer who has worked as a law enforcement officer for at least twenty-five (25) years before being hired under subsection (n)(1) or (o)(1) and who otherwise satisfies the requirements of subsection (n) or (o) is not required to repeat the full basic training course to regain law enforcement power but shall attend the refresher course described in subsection (n) or (o) and the pre-basic training course established under subsection (f).
(r) This subsection applies only to a gaming agent employed as a law enforcement officer by the Indiana gaming commission. A gaming agent appointed after June 30, 2005, may exercise the police powers described in subsection (d) if:
(1) the agent successfully completes the pre-basic course established in subsection (f); and
(2) the agent successfully completes any other training courses established by the Indiana gaming commission in conjunction
with the board.
(s) This subsection applies only to a securities enforcement officer
designated as a law enforcement officer by the securities
commissioner. A securities enforcement officer may exercise the police
powers described in subsection (d) if:
(1) the securities enforcement officer successfully completes the
pre-basic course established in subsection (f); and
(2) the securities enforcement officer successfully completes any
other training courses established by the securities commissioner
in conjunction with the board.
(t) As used in this section, "upper level policymaking position"
refers to the following:
(1) If the authorized size of the department or town marshal
system is not more than ten (10) members, the term refers to the
position held by the police chief or town marshal.
(2) If the authorized size of the department or town marshal
system is more than ten (10) members but less than fifty-one (51)
members, the term refers to:
(A) the position held by the police chief or town marshal; and
(B) each position held by the members of the police
department or town marshal system in the next rank and pay
grade immediately below the police chief or town marshal.
(3) If the authorized size of the department or town marshal
system is more than fifty (50) members, the term refers to:
(A) the position held by the police chief or town marshal; and
(B) each position held by the members of the police
department or town marshal system in the next two (2) ranks
and pay grades immediately below the police chief or town
marshal.
(u) This subsection applies only to a correctional police officer
employed by the department of correction. A correctional police officer
may exercise the police powers described in subsection (d) if:
(1) the officer successfully completes the pre-basic course
described in subsection (f); and
(2) the officer successfully completes any other training courses
established by the department of correction in conjunction with
the board.
(v) This subsection applies only to a community corrections
police officer employed by a community corrections program. A
community corrections police officer may exercise the police
powers described in subsection (d) if:
(1) the officer successfully completes the pre-basic course
described in subsection (f); and
(2) the officer successfully completes any other training
courses established by the appointing community corrections
advisory board.
Chapter 11. Community Corrections Police Officers
Sec. 1. A community corrections advisory board may appoint an individual to serve as a community corrections police officer. An individual appointed to serve as a community corrections police officer may not exercise police powers until the individual successfully completes a program of instruction certified by the department and the appointing law enforcement training board.
Sec. 2. An individual appointed as a community corrections police officer under section 1 of this chapter shall take an appropriate oath of office in the form and manner prescribed by the appointing community corrections advisory board. A community corrections police officer serves at the pleasure of the advisory board.
Sec. 3. Except as provided in section 4 of this chapter, a community corrections police officer may:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property;
(3) carry a firearm; and
(4) exercise other police powers with respect to the enforcement of Indiana laws.
Sec. 4. (a) A community corrections police officer may not make an arrest, conduct a search or a seizure of a person or property, or exercise other police powers unless the arrest, search, seizure, or exercise of other police powers is performed:
(1) in connection with an offense committed on the property of the community corrections program;
(2) in connection with an offense involving a person participating in a community corrections program;
(3) in connection with an offense committed in the presence of the community corrections police officer; or
(4) while assisting another law enforcement officer who has requested the assistance of the community corrections police officer.
(b) The appointing community corrections advisory board may additionally limit the exercise of the powers described in subsection
(a).
(1) a police officer (including a correctional police officer or a community corrections police officer), sheriff, constable, marshal, prosecuting attorney, special prosecuting attorney, special deputy prosecuting attorney, the securities commissioner, or the inspector general;
(2) a deputy of any of those persons;
(3) an investigator for a prosecuting attorney or for the inspector general;
(4) a conservation officer;
(5) an enforcement officer of the alcohol and tobacco commission; or
(6) an enforcement officer of the securities division of the office of the secretary of state.
(b) "Federal enforcement officer" means any of the following:
(1) A Federal Bureau of Investigation special agent.
(2) A United States Marshals Service marshal or deputy.
(3) A United States Secret Service special agent.
(4) A United States Fish and Wildlife Service special agent.
(5) A United States Drug Enforcement Agency agent.
(6) A Bureau of Alcohol, Tobacco, Firearms and Explosives agent.
(7) A United States Forest Service law enforcement officer.
(8) A United States Department of Defense police officer or criminal investigator.
(9) A United States Customs Service agent.
(10) A United States Postal Service investigator.
(11) A National Park Service law enforcement commissioned ranger.
(12) United States Department of Agriculture, Office of Inspector General special agent.
(13) A United States Citizenship and Immigration Services special agent.
(14) An individual who is:
(A) an employee of a federal agency; and
(B) authorized to make arrests and carry a firearm in the performance of the individual's official duties.